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Decisions

Mining Act statutory decisions

Variations

Variation: RZ Resources Ltd  — 20 May 2021

Variation

Exploration Licences 8308, 8309, 8310, 8311, 8312, 8385, 8560, 8648, 8769 and 8865 (Act 1992)

Decision to vary (attach) Mandatory Audit Conditions.

This decision takes effect on 24 May 2021.

Clause 12 of Schedule 1B of the Mining Act 1992.

Decision document – Variation of authorisation (PDF, 268.26 KB)

Reason

Alleged contraventions of the Mining Act 1992.

Variation: Tahmoor Coal Pty Ltd (lease holder) — 4 December 2020

Variation

Decision to vary (attach) the standard Mining Operations Plan (MOP) and Annual Rehabilitation Reporting (ARR) condition on Mining Lease 1376 (Act 1992) (ML 1376).

This decision takes effect from 7 December 2020.

Clause 12 of Schedule 1B of the Mining Act 1992.

Decision document - Variation of authorisation (PDF, 216.75 KB)

Reason

ML 1376 did not have the standard MOP and ARR condition attached to the authorisation.

Variation: Omit drilling notification condition from non-coal exploration licences — 28 August 2020

Variation

Decision to vary (omit) the Drilling Notification condition imposed on non-coal Exploration Licences listed on the attached schedule. (PDF, 118.21 KB)

This decision takes effect from 31 August 2020.

Clause 12(2)(c) of Schedule 1B of the Mining Act 1992.

Decision document - Variation of authorisation (PDF, 220.75 KB)

Reason

The condition is obsolete and is no longer required.

Variation: Omit drilling notification condition from non-coal exploration licences — 26 November 2019

Variation

Decision to vary (omit) the Drilling Notification condition imposed on the non-coal Exploration Licences listed on the attached schedule.

This decision takes effect from 27 November 2019.

Clause 12(2)(c) of Schedule 1B of the Mining Act 1992

Decision document - Variation (revocation of authorisation) (PDF, 2.72 MB)

Reason

The condition is obsolete and is no longer required.

Cancellations

Cancellation: Martins Creek Gold Mine — Multiple lease holders — 5 June 2020

Cancelled

ML 1127 (Act 1973)

Lease is 41 km ENE of Scone and was granted for the purpose of mining gold.

Section 125(1)(b) and (c) decision to cancel ML 1127. (PDF, 143.63 KB)

Reason

  • Contravention of the Mining Act 1992.
  • Contraventions of conditions of authority ML 1127.
  • Contravention of s. 292C of the Mining Act 1992 – failure to pay rent and levy fees.
  • Contravention of Condition 3 – fail to submit Annual Environmental Management Report (AEMR), year 2017.
  • Contravention of Condition 6 – fail to submit Annual Exploration Report (AER), years 2017-18.

Cancellation: Mr Kris Hetherington (licence holder) — 13 May 2021

Cancelled

Exploration Licence No. 8967 (Act 1992) (EL 8967) under Section 125 of the Mining Act 1992 (Mining Act).

This decision takes effect on 17 May 2021.

Decision document – Cancellation of EL 8967 (PDF, 618.58 KB)

Reason

Contraventions of section 5 of the Mining Act - ‘Mining or prospecting without authorisation’.

Grounds for cancellation include ‘Fit and Proper Person Considerations’ under section 380A of the Mining Act that include:

  1. section 380A(2)(f) ‘Not of good repute’;
  2. section 380A(3) ‘Compliance or criminal conduct issues’; and
  3. Contravention of section 190 of the Work Health and Safety Act 2011 (WHS Act) within the meaning of section 380A(3) of the Mining Act .

Cancellation: ‘Fanny’s Reward’ — 24 February 2020

Cancelled

ML 1259 (Act 1973)

Lease is 16 km NNW of Coffs Harbour and granted for the purpose of shaft sinking and tunnelling for gold.

Section 125(1)(c) decision to cancel ML 1259 (PDF, 131.92 KB)

Reason

Contraventions of condition of authority ML 1259. Condition 2 – Mining Operations Plan (MOP) & Condition 4 – Working Requirement.

Cancellation: Mr. Vince Sferruzzi — Mineral Claim Converted to Lease — 4 September 2019

Cancelled

M(C)L 213

Lease is 54 km NNE of White Cliffs and granted for the purpose of open cut opal mining.

Section 125(1)(c) decision to cancel M(C)L 213 (PDF, 352.92 KB)

Reason

Failed to pay the required security deposit, condition of lease M(C)L 213

Cancellation: Sheref Sancar — 25 June 2018

Cancelled

Mineral claims MC24202 and MC55398 at opal field area near Lightning Ridge

Section 203 Decision to cancel MC24202 and MC55398 (PDF, 349.86 KB)

Reason

Non-compliance issues and work health and safety breaches by the claim holder

Cancellation: Far Western Stone Quarries Pty Ltd — 22 August and 15 December 2017

Cancelled

Mining leases ML56, ML57 and ML620, near Bourke

ML56, ML57 and ML620 - reasons for decision proposal to cancel title (PDF, 539.97 KB)

Far Western Stone Quarries - decision to vary cancellation date (PDF, 175.17 KB)

Reason

Non-payment of security deposits, rents and levies, and the failure to supply annual environmental reports

Cancellation: Dr Hans-Dieter Hensel — 5 June 2017

Cancelled

Consolidated mining lease M(C)L146 of dimension stone and granite mine located 14 km south-west of Tenterfield.

Section 125 Decision to cancel M(C)L146 (PDF, 620.7 KB)

Reason

Failing to pay the required environmental rehabilitation security deposit, failed to lodge a plan of management for the mine; not providing the Department with annual reports; and failing to mine the lease effectively or in good faith

Cancellation: Noel Charles Masen — 25 January 2018

Cancelled

Mining lease ML613 and authority to mine over Nymboida Clay Pit located 32 km south-west of Grafton

Section 125 Decision to cancel authority ML613 (PDF, 694.06 KB)

Reason

Failing to provide a mining operations plan, produce an annual environmental management report and rehabilitate the site. The titleholder illegally mined outside of the mining lease boundary and ignored a statutory direction

Suspensions

Suspension: Narrabri Coal Pty Ltd and others — 22 August 2019

Suspension

Operations on Exploration Licence 6243 near Narrabri

Suspension notice - decision to suspend EL6243

Reason

  • Failed to comply with conditions of authorisation

Suspension revoked on 10 August 2020

Decision - Revocation of suspension notice EL6243 (PDF, 69.37 KB)

Suspension: Young Mining Company Pty Ltd — 31 July 2019

Suspension

CML15

Suspension notice stayed until 5pm Monday 19 August 2019 by order of the Supreme Court of NSW.

On 19 August 2019, Young Mining Company Pty Ltd agreed to pay half of the total shortfall in the security deposit to the Department by 2 September 2019 and pay the remaining shortfall by 18 May 2020. Young Mining also agreed to pay half of the Regulator’s legal costs as agreed or assessed.

The stay of the suspension notice as ordered by the court will remain in effect until 5 September 2019.

Section 240AA decision to suspend CML15 (PDF, 4.06 MB)

Reason

  • Failed to pay the required security deposit

Suspension revoked on 5 September 2019 after confirmation that Young Mining Company Pty Ltd paid half of the total shortfall in the security deposit to the Department in accordance with its agreement with the Regulator

Suspension: Aus Gold Mining Group Pty Ltd — 4 February 2019

Suspension

Operations and activities at Good Friday Gold Mine, ML1322, near Tibooburra

Section 240AA decision to suspend ML1322 (PDF, 647.09 KB)

Reason

  • Failed to comply with mining operations plan
  • Failed to notify and report environmental incidents
  • Failed to notify of suspension of operations

(Offences under section 378D(1) of the Mining Act 1992, contravention of condition of authorisation – offence by holder)

  • Failed to demonstrate financial capacity to comply with Mining Act

Suspension: Total Iron Pty Ltd — 19 December 2018

Suspension

Exploration activities, EL8625, Cangai Copper Mine near Grafton

Section 240AA decision to suspend EL8625 (PDF, 378.4 KB)

Reason

Failed to implement environmental controls associated with prospect drilling

Offence under section 378D(1) of the Mining Act 1992, contravened a condition of authorisation

Suspension was revoked on 24 May 2019 after confirmation that section 240 notice complied with and environmental controls implemented

Suspension: Abterra Australia Pty Ltd — 7 March 2018

Suspension

Mining lease ML 1616 Broula Magnetite and Limestone mine located 20 km west of Cowra

Section 240AA Decision suspension ML1616 (PDF, 827.77 KB)

Reason

Failing to provide mining operations plans, produce annual environmental management reports and late payments of rental fees and levies

Suspension: Macquarie Marble and Lime Pty Ltd — 10 April 2017

Suspension

Mining lease ML1446 of agricultural lime, dolomite, limestone and phosphates mine at Wauchope, near Port Macquarie

Direction to suspend activities to Macquarie Marble and Lime (PDF, 342.53 KB)

Reason

  • Failed to pay environmental rehabilitation security deposit

Offence under section 378D of the Mining Act 1992

Suspension was lifted on 13 April 2017 after confirmation that the balance of the total security had been paid

Suspension: Far Western Stone Quarries Pty Ltd — 24 February 2017

Suspension

Mining leases ML56, ML57 and ML620, near Bourke

Direction to Far Western Stone Quarries Pty Ltd to suspend operations (PDF, 283.26 KB)

Reason

  • Failed to pay environmental rehabilitation security deposit

Offence under section 378D of the Mining Act 1992